In order to establish a physician's liability, a plaintiff must prove that the physician deviated or departed from accepted community standards of practice, and that the alleged departure was a proximate cause of the plaintiff's injuries. Generally, expert testimony is necessary to prove a deviation from accepted standards of medical care and to establish proximate cause. The expert witness's opinions must be based on facts in the record or personally known to the witness.
Bacchus-Sirju v. Hollis Women's Ctr., NY Slip Op 04538 (2d Dep't July 28, 2021)
Tomorrow's issue: Appellate practice.
